This does not look like a near miss to me. If you look at the NY Terminal Chart, you will see that the Bravo shelf immediately over Linden airport (KLDJ) begins at +1200'. Linden airport is just west of the ILS approach for KEWR's 4R. As long as the GA aircraft stayed to the west of the NJ Turnpike and at or below 1,200', there was no need for him/her to obtain clearance into the Class Bravo airspace.

A request for clearance into the Class B airspace at that location would have likely been denied given the arrivals at KEWR at that time.

Since the GA aircraft was able to stay clear of the Bravo airspace, there was no concern for a collision with aircraft on the ILS 4R approach into KEWR. The GA aircraft did not even need to be in contact with the NY Approach controller setting up the arrivals at KEWR. He was likely monitoring the CTAF frequency at Linden.

All of that said, as a pilot, I would not have been flirting with such a busy sector of our national airspace. I would imagine the GA pilots flying in and out of Linden are familiar with the local procedure for staying clear of the Bravo airspace and likely have 'balls of steel'. (An unauthorized Bravo incursion is a very serious violation.)

He caught his mistake soon, so the two planes ultimately did not end up that close together, but both N963AW (Climbing southwest) and UAL 1621 (descending northeast bound for 4R) are at 6700 feet at 16:18 EDT and if UAL 1621 had made that right turn they would have been very close. After listening to the audio archive again I noticed that N963AW is on frequency.

I honestly don't know who if anyone is at fault whether or not there was a mistake made because I don't know exactly how the airspace in the area is divided, it just seems illogical to me that an approach controller at such a busy sector would be responsible for dodging departures from another airport.